11 The Plaintiff averred that the order of closure dated 15 October 2003 passed by the Commissioner of Labour, Mumbai was challenged by the Labour Union at the Tilaknagar Factory. The Industrial Tribunal at Ahmednagar after hearing the parties, by speaking order dated 12 October 2004 granted permission to the Plaintiff to permanently and irrevocably close down the Tilaknagar Factory. The Plaintiff was also directed to pay closure compensation and other legal dues to the employees. According to the Plaintiff when the Tilaknagar Factory was handed back to the Plaintiff the same was totally in an unworkable condition and the Glass Furnace was in a dismantled condition due to which it was not possible and/or viable for the Plaintiff to continue to operate the Tilaknagar Factory. It is the Plaintiff's case that due to the breach of contractual obligations of the Defendants various claims were made upon the Plaintiff interalia by various agencies including Government Agencies, the performance whereof was the contractual obligations of the Defendants. According to the Plaintiff, they were compelled to sell the Glass Furnace and other plant and machinery at the Tilaknagar Factory at the total scrap value of Rs.2,10,23,041/-. According to the Plaintiff, they had to incur heavy loss and damages of an aggregate amount of Rs.7,62,23,884/- as per the Particulars of the Claim at Exhibit “L” to the Petition and they are entitled to interest on the principal amount at the rate of 18% per annum from the date of the suit
